Defending Indiana Drivers Charged With Leaving An Accident Scene

Fort Wayne attorney experienced in hit-and-run cases

In Indiana, any driver involved in a crash must stop and identify themselves to other people involved. If the accident results in the injury or death of another person, the driver must render aid if possible and report the accident to emergency services or to police. Failing to do so is leaving the scene of an accident, often referred to as hit‑and‑run. At The Law Offices of Ryan E. Lackey in Fort Wayne, we have experience representing Allen County residents against charges arising from such incidents. We know how to build a defense based on extenuating circumstances and other mitigating factors. 

What are the most common reasons motorists leave the scene of an accident?

People leave accident scenes for many reasons, such as the following: 

• Panic after causing a crash
• Fear of arrest because of suspected intoxication or outstanding warrants
• A suspended driver’s license or lack of insurance
• Concern about immigration or employment consequences

In some cases, a driver may be genuinely confused about whether an accident involved another vehicle or another person.

Do motorists who flee the scene of an accident typically get caught?

Indiana law enforcement regularly investigates hit-and-run crashes throughout the state, using such methods as: 

• Surveillance cameras
• Dashboard cameras
• Nearby security footage
• Eyewitness statements
• License plate readers
• Vehicle debris
• Forensic evidence collected from the roadway

These methods have made it increasingly difficult for drivers to avoid identification. While exact arrest rates vary from year to year, many fleeing drivers are eventually identified and arrested.

How serious an offense is leaving the scene of an accident in Indiana?

It is a Class B misdemeanor to knowingly or intentionally fail to comply with the requirements to stop and identify oneself after an accident. The level of the crime increase to:

• a Class A misdemeanor if the accident results in bodily injury to another person
• a Level 6 felony if the accident results in moderate or serious bodily injury to another person
• a Level 4 felony if the accident results in the death or catastrophic injury of another person
• a Level 3 felony if the driver knowingly or intentionally fails to stop or comply with legal requirements during or after the offense of operating while intoxicated (OWI) and causing serious bodily injury, catastrophic injury or death

The classification of the offense can depend on whether the driver is a habitual violator, as defined in Indiana Code § 9-30-10-4. 

What penalties might you face for leaving the scene of an accident?

The penalties that may be imposed are:

• Class B misdemeanor — Up to 180 days in jail and a fine of up to $1,000
• Class A misdemeanor — Up to one year in jail and a fine of up to $5,000
• Level 6 felony — Six months to 2.5 years in prison and a fine of up to $10,000
• Level 4 felony — Two to 12 years in prison and a fine of up to $10,000
• Level 3 felony — Three to 16 years in prison and a fine of up to $10,000

A driver who leaves the scene and causes harm commits a separate offense for each person whose injury or death was a result of the accident.

What defenses do you have to a charge of leaving the scene of an accident?

Indiana hit‑and‑run cases usually revolve around whether the driver actually knew a crash occurred and whether they reasonably complied with their statutory duties. The most common defenses are.

• Lack of knowledge — The driver did not know that an accident had occurred, particularly in a minor collision.
• Mistaken identity — Investigators identified the wrong driver or vehicle.
• Insufficient evidence — Prosecutors cannot prove every element of the offense beyond a reasonable doubt.
• Justifiable circumstances — A medical emergency or other exceptional situation made it necessary to leave the scene temporarily.

Our lawyer carefully reviews the evidence to determine which defenses may apply and builds the strongest possible case for reduction of charges or for leniency in sentencing. 

Reliable legal representation in Fort Wayne, Indiana

The Law Offices of Ryan E. Lackey in Fort Wayne represents drivers in hit-and-run cases throughout Allen County. Call 260-222-7364 or contact us online to arrange a free initial consultation.